The rationale of punishment

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1830. Not illustrated. Excerpt: ... RATIONALE OF PUNISHMENT. BOOK III. OF PRIVATIV... Read more

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1830. Not illustrated. Excerpt: ... RATIONALE OF PUNISHMENT. BOOK III. OF PRIVATIVE PUNISHMENTS, OR FORFEITURES. CHAPTER I, PUNISHMENT ANALYZED. We now come to the last of the two grand divisions of Punishments--Privative Punishments, or Forfeitures. The word forfeiture is never used but with reference to some possession.* * As all our ideas are derived ultimately from the senses, almost all the names we have for intellectual ideas, seem to be derived ultimately from the names of such objects as afford sensible ideas: that is, of objects that belong to one or other of the three classes of real entities. Insomuch that, whether we perceive it or no, we can scarce express ourselves on any occasion but in metaphors. A most important discovery this in the metaphysical part of grammar, for which we seem to be indebted to M. d'Alembert. -- See his Melanges, tom. '1, Disc. Prelim. fyc. The way in which the import of the word forfeiture is connected with sensible ideas seems to be as follows: the words to forfeit come either immediately, or through the medium of the old French, from the modern Latin word forisfacere. Forts means out of doors, or out of the house; facere, is to make or to cause to be. The conceit then is that, when any object is in a man's possession, it is as it were within doors; within his house; any act, therefore, which, in consequence of some opetion of the law, has the effect of causing the object to be no longer in his possession, has the effect of causing it, as it were, to be out of his doors, and no longer within his house. Possessions are either substantial or ideal-- substantial when it is the object of a real entity (as a house, a field) ideal, when it is the object of a fictitious entity (as an office, a dignity, a right.) The difficulty of dealing with cases of this descript... Less